The right to annual leave is a cornerstone of Israeli labor law, intended to provide employees with time to rest. Despite its importance, the field is rife with misunderstandings and calculation errors by both employees and employers. In an interview with labor law specialist Attorney Moshe Boshi, the legal requirements and common violations that often lead to labor court disputes were clarified. The normative basis for eligibility is the Annual Leave Law, though industry-specific collective agreements may provide superior terms.
One common error involves calculating leave accrual. Attorney Boshi clarifies that accrual is not derived from the employee's part-time percentage, but rather from the annual scope of employment. An employee working five days a week is entitled to full accrual, even if daily hours are limited. Calculations based on part-time percentages rather than full accrual are, he states, a clear and improper violation. Furthermore, many employees miscalculate seniority, ignoring partial years that count toward benefits.
Another significant issue is mandatory leave initiated by the employer. The law requires at least two weeks' notice before leave exceeding seven days. Furthermore, entering a negative leave balance requires the employee's explicit written consent, without improper pressure. Lack of agreement can lead to legal disputes, particularly at the end of employment, when the employee must cash out remaining leave. Current case law stipulates that all leave days listed on the pay stub are payable upon termination, excluding further social benefit contributions like pension.
Deducting a negative balance from a final paycheck also requires written consent. The expert emphasizes that completing 200 days of work per year—including sick, holiday, and paid leave—is the threshold for full accrual. Lack of awareness regarding these rules can lead to the deprivation of employee rights and employer liability.